Assembly Bill A3531

2023-2024 Legislative Session

Relates to the designation of workers' compensation coverage for certain employees

download bill text pdf

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Current Bill Status - In Assembly Committee

  • Introduced
    • In Committee Assembly
    • In Committee Senate
    • On Floor Calendar Assembly
    • On Floor Calendar Senate
    • Passed Assembly
    • Passed Senate
  • Delivered to Governor
  • Signed By Governor

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2023-A3531 (ACTIVE) - Details

Current Committee:
Assembly Labor
Law Section:
Workers' Compensation Law
Laws Affected:
Add §138, Work Comp L
Versions Introduced in Other Legislative Sessions:
2011-2012: A8287
2013-2014: A3917
2015-2016: A2046
2017-2018: A810
2019-2020: A4211
2021-2022: A1840

2023-A3531 (ACTIVE) - Summary

Prohibits workers compensation carriers from forcing policyholders to cover individuals who are not their employees.

2023-A3531 (ACTIVE) - Bill Text download pdf 

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   3531
 
                        2023-2024 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             February 3, 2023
                                ___________
 
 Introduced  by M. of A. PRETLOW -- read once and referred to the Commit-
   tee on Labor
 
 AN ACT to amend the workers' compensation law, in relation to the desig-
   nation of coverage for certain employees
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:

   Section  1.  The  workers' compensation law is amended by adding a new
 section 138 to read as follows:
   § 138. COVERAGE. EACH EMPLOYER AS DEFINED UNDER SECTION  TWO  OF  THIS
 CHAPTER,  OR  THE BOARD, SHALL DESIGNATE THE EMPLOYEES FOR WHOM COVERAGE
 IS TO BE PROVIDED UNDER THIS CHAPTER AND NO INSURANCE CARRIER AS DEFINED
 IN SUBDIVISION TWELVE OF SECTION TWO OF THIS CHAPTER SHALL MAKE  SUCH  A
 DETERMINATION,  NOR  SHALL ANY SUCH INSURANCE CARRIER BASE ITS PREMIUMS,
 IN WHOLE OR IN PART, ON THE REMUNERATION PAID TO  ANY  PERSON  WHOM  THE
 EMPLOYER  OR  THE BOARD HAS NOT DESIGNATED FOR COVERAGE UNDER AN EMPLOY-
 ER'S WORKERS' COMPENSATION INSURANCE POLICY.  NOTHING  IN  THIS  SECTION
 SHALL  ALTER  AN  EMPLOYER'S OBLIGATION TO PROVIDE WORKERS' COMPENSATION
 COVERAGE TO ITS EMPLOYEES AS DETERMINED BY SUCH EMPLOYER  OR  THE  BOARD
 PURSUANT TO SECTION TEN OF THIS CHAPTER OR ANY OTHER LAW, NOR SHALL THIS
 SECTION  RELEASE  ANY EMPLOYER FROM THE PENALTIES ESTABLISHED UNDER THIS
 CHAPTER OR ANY OTHER CHAPTER FOR NON-COMPLIANCE WITH THE  PROVISIONS  OF
 THIS CHAPTER.
   § 2. This act shall take effect immediately.
 
 
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD08219-01-3

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